| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0062 |
| JOE KARAM | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | T FORREST JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 19 July 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 164 |
| JUDGMENT APPEALED FROM: | DPP v Karam [2024] VCC 127 (Judge Mullaly) |
APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY SINGLE JUDGE PURUSANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Sentence – Theft, conduct endangering persons and causing injury intentionally – Applicant drove stolen vehicle at dark skinned victims while suffering drug induced psychosis – Whether sentence manifestly excessive – Whether sentencing judge erred by failing to adequately reduce maximum total sentence indicated at sentence indication hearing despite new material advanced at the plea – Whether open to sentencing judge to find that offending motivated by hatred or prejudice toward dark skinned people – Whether sentencing judge failed to mitigate sentence by reference to remorse – Leave to appeal refused.
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| Counsel | |||
| Applicant: | Ms H Anderson | ||
| Respondent: | Ms S Clancy | ||
Solicitors | |||
| Applicant: | Valos Black & Associates | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
T FORREST JA:
On 5 October 2023 the applicant pleaded guilty to one charge of theft, two charges of conduct endangering persons and one charge of causing injury intentionally on indictment M12470833A. The applicant also pleaded guilty on 19 February 2024 to a related summary offence of failing to render assistance after a motor vehicle accident and a charge of possession of a drug of dependence on indictment M12470833B. On 19 February 2024 the applicant was sentenced for this offending as set out in the table below.[1]
[1]DPP v Karam [2024] VCC 127 (‘Sentencing reasons’).
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Theft | 10 years’ imprisonment | 1 year’s imprisonment | 1 month |
| 2 | Conduct endangering persons | 5 years’ imprisonment | 1 year and 8 months’ imprisonment | 8 months |
| 3 | Conduct endangering persons | 5 years’ imprisonment | 2 years’ imprisonment | 8 months |
| 4 | Causing injury intentionally | 10 years’ imprisonment | 4 years and 8 months’ imprisonment | Base |
| Related Summary Offence | ||||
| 5 | Failing to render assistance after a motor vehicle accident | 8 months’ imprisonment | 4 months’ imprisonment | 2 months |
| Indictment M12470833B | ||||
| 1 | Possession of a drug of dependence | 5 years’ imprisonment | 2 months’ imprisonment | N/A |
| Total Effective Sentence: | 6 years and 3 months’ imprisonment | |||
| Non-Parole Period: | 4 years and 9 months | |||
| Pre-sentence Detention Declared: | Nil | |||
| Section 6AAA Statement: | 8 years and 9 months’ imprisonment with a non-parole period of 6 years and 6 months | |||
| Other Relevant Orders: Driver licence cancellation and disqualification. Forfeiture order. | ||||
The applicant seeks leave to appeal against his sentence on four grounds, namely:
(1)The individual sentences imposed on charges 2, 3 and 4 on Indictment M12470833A were each manifestly excessive.
(2)The sentencing judge erred by failing to adequately reduce the maximum total effective sentence indicated at the sentence indication hearing despite the changes in mitigating factors accepted at the plea hearing, which were not…
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- AGLC
- Karam v The King [2024] VSCA 164
- Case
- [2024] VSCA 164
- Decision Date
CaseChat Overview and Summary
The applicant argued that the sentence was manifestly excessive and that the sentencing judge had erred by not adequately reducing the maximum total sentence indicated at the sentence indication hearing despite new material advanced at the plea. The applicant also argued that it was not open to the sentencing judge to find that the offending was motivated by hatred or prejudice toward dark skinned people, and that the sentencing judge failed to mitigate the sentence by reference to remorse. The Crown, on the other hand, argued that the sentence was not manifestly excessive and that the sentencing judge had adequately considered the matters relevant to the sentencing process.
The High Court found that the sentence imposed was not manifestly excessive, and that the sentencing judge had adequately considered the matters relevant to the sentencing process. The Court held that it was open to the sentencing judge to find that the offending was motivated by hatred or prejudice toward dark skinned people, and that the sentencing judge had adequately considered the applicant’s remorse in imposing the sentence. The Court further held that the sentencing judge was not required to reduce the maximum total sentence indicated at the sentence indication hearing despite new material advanced at the plea. The leave to appeal was refused.
The Court did not make any orders in relation to the applicant’s appeal.
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